Stephen Bainbridge's Journal of Law, Religion, Politics, and Culture

06/28/2012

What he said, with bells on

It's a quick reaction, but both the upholding of the legality of PCAOB in the Free Enterprise case and the mandate in this case suggests that although this is a Court that worries - possibly excessively - about structural niceties, a serious outlawing of a major government program is something that will be ventured very, very rarely. Some critics, including yours truly, think that this is one of the reasons why the obsession of some legal scholars with constitutional law, given its limited bite, is so strange.